Montgomery Township, Pennsylvania

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08-28-2017 - Board of Supervisors Minutes

MINUTES OF MEETING

MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS

AUGUST 28, 2017

 

At 7:00 p.m.  Chairman Candyce Fluehr Chimera called to order an executive session.  In attendance were Vice Chairman Robert J. Birch, Supervisors Michael J. Fox, Jeffrey W. McDonnell and Richard E. Miniscalco. Also in attendance were Township Manager Lawrence Gregan, Township Solicitor Frank R. Bartle, Esquire, Ryan Cassidy, Esquire, Scott Blissman, Esquire, Police Chief Scott Bendig, Director of Administration and Human Resources Ann Shade and Director of Finance Ami Tarburton.

Chairman Candyce Fluehr Chimera called the action meeting to order at 8:03 p.m.  In attendance were Vice Chairman Robert J. Birch, Supervisors Michael J. Fox, Jeffrey W. McDonnell and Richard E. Miniscalco.  Also in attendance were Township Solicitor Frank R. Bartle, Esquire, Township Manager Lawrence Gregan, Police Chief Scott Bendig, Director of Finance Ami Tarburton, Director of Administration and Human Resources Ann Shade, Assistant to the Township Manager Stacy Crandell, Director of Planning Bruce Shoupe, Director of Public Works Kevin Costello, Director of Recreation and Community Center Floyd Shaffer, Director of Information Technology Richard Grier and Recording Secretary Deborah Rivas.

Following the Pledge of Allegiance, Chairman Candyce Fluehr Chimera called for public comment from the audience.    

Under public comment, Wendell Beres of Montgomery United Soccer Club (MonU) stated that he wanted to thank Supervisor Robert Birch for listening and Chairman Candyce Fluehr Chimera for agreeing to sit down and discuss MonU’s concerns about the conditions of the soccer fields at Windlestrae Park.  Mr. Beres also stated that there has been a dispute in the past about whether or not the relationship between Montgomery Soccer and Montgomery Township is in the best of shape and he hoped that this matter is a small step towards making that relationship substantially better going forward.

Solicitor Frank R. Bartle, Esquire announced that the Board had met in an Executive Session prior to this meeting to discuss various matters.  The Board discussed two labor matters, one involving the Police Department and one involving the Fire Services Department.  One matter of personnel involving the police and one matter of potential litigation regarding the Cutler Group.  Mr. Bartle stated that these matters are legitimate subjects of executive session pursuant to Pennsylvania’s Sunshine Law.

Chairman Candyce Fluehr Chimera made a motion to approve the minutes of the August 14, 2017 Board of Supervisors meeting, and Supervisor Michael J. Fox seconded the motion.  The minutes of the meeting were unanimously approved as submitted.

Assistant to the Township Manager Stacy Crandell reported that in preparation of the Notice of Intent (NOI) for the Township’s new NPDES MS4 Permit, the Township will be accepting public comment at this meeting for the “NPDES Stormwater Discharges from the MS4 Pollutant Reduction Plan” (PRP) for the Township.  The PRP outlines the measures the Township intends to implement to reduce certain pollutants discharged from the Township storm sewer system (MS4).  There was no public comment presented at the meeting.  Ms. Crandell indicated that Township Engineer Jim Dougherty will be present at the September 11, 2017 Board meeting to review the Notice of Intent and obtain the Board’s approval to file it. 

Township Manager Lawrence J. Gregan reported that the Township had a meeting in the past week with Mr. Beres of Montgomery United Soccer Club, and as part of that meeting the Township was presented with a proposal from the club to consider hiring an athletic field maintenance contractor to perform some field improvements and maintenance on the Kenas 1 and Kenas 2 soccer fields at Windlestrae Park.  The work would involve various activities between now and the end of the season and would include spraying weed control agents, application of fertilizer, slit seeding, and over seeding of the areas.  As part of the proposal, the soccer club has offered to pay for the cost of mowing the fields in exchange for the Township agreeing to pay for the cost of the improved maintenance work on the fields.  The Township staff did meet today with Chris McCardell of Windview Athletic Fields and reviewed his proposal and the steps that the Township has taken with regards to field maintenance.  Chairman Candyce Fluehr Chimera said that Mr. McCardell agreed with everything our Public Works crew has been doing and he offered a few other things to add to our program.  After an onsite visit to the fields, Mr. McCardell did mention his concerns regarding the impact of overuse of the fields.  Chairman Candyce Fluehr Chimera recommended that if the Township is going to pay for the program and Mr. McCardell comes back to us saying that something additional needs to be done because of overuse, any additional work should be paid for by the soccer club.  Vice Chairman Robert Birch stated that the Township’s goal should always be to put the best product out there, whether it is a baseball diamond, basketball court or a soccer field for our residents.  Resolution #1 made by Vice Chairman Robert J. Birch, seconded by Supervisor Richard E. Miniscalco and adopted unanimously, accepted the proposal submitted by Windview Athletic Fields of West Chester PA to perform field improvements/maintenance work on the Kenas 1 and Kenas 2 soccer fields in accordance with the proposal submitted on August 28, 2017 in the amount of $13,312.50.

Director of Planning and Zoning Bruce S. Shoupe reported that The Cutler Group, developer of the Montgomery Walk Subdivision Phase IIA and the Montgomery Knoll Phase 1A Subdivisions is required to post security in the form of Letters of Credit (LOC’s) to guarantee the completion of public improvements required for these two subdivisions. The current LOC’s posted for these two phases are both scheduled to expire within the next several weeks.  Notice has been provided to the Cutler Group to provide extensions of these LOC’s.  Pending receipt of appropriate LOC extensions, it is requested that the Board of Supervisors authorize the Township Solicitor and staff to take appropriate actions to call these two LOC’s prior to their expiration.  The funds received would be deposited into the Township’s Escrow Account to be held for the completion of the required public improvements for these two development phases. 

Resolution #2 made by Vice Chairman Robert J. Birch, seconded by Chairman Candyce Fluehr Chimera and adopted unanimously, authorized the Township Solicitor and staff to take appropriate actions, pending receipt of appropriate Letter of Credit extensions, to call the following Letters of Credit prior to their expiration:  Wells Fargo Bank Letter of Credit #SM237840W – in the amount of $67,003.40 for LDS 627R – Cutler Group Montgomery Walk Phase II A with expiration date of September 17, 2017; and Wells Fargo Bank Letter of Credit #SM237962W – in the amount of $179,450.90 for LDS 653 – Cutler Group Montgomery Knoll Phase I A with expiration date of October 6, 2017.

Director of Planning and Zoning Bruce Shoupe reported that staff is requesting authorization to submit an application to PennDOT to upgrade the traffic signal at Doylestown Road and Montgomery Glen Drive as provided for under the land development approval for LDS 690 - Montgomery Retirement Residence LLC.  Approval and execution of the following documents is required to obtain approval for the signal by PennDOT and authorize the installation of the signal equipment: 

  1. Resolution approving the TE-160 Form and approval resolution for the updated traffic signal plan – Doylestown Road & Montgomery Glen Drive.
  2. Access easement between 202 Market Place and Montgomery Township for the new traffic signal standard on the southeast corner of the above intersection.
  3. Access easement between Montgomery Retirement Residence and Montgomery Township for the new traffic signal standard on the northwest corner of the above intersection.
  4. Authorization for Agent – Highway Occupancy Permit (HOP) – Doylestown Road permitting McMahon Association to submit the HOP on behalf of Montgomery Township.
  5. Indemnification Agreement – Montgomery Retirement Residence LLC & Montgomery Township – HOP concerning Subsurface Stormwater Management Facilities in the PennDOT right-of-way.

Resolution #3 made by Chairman Candyce Fluehr Chimera, seconded by Vice Chairman Robert J. Birch and adopted unanimously, approved the required documents for the installation and upgrades to the traffic signal at the intersection of Doylestown Road and Montgomery Glen Drive. 

Director of Planning and Zoning Bruce Shoupe reported that a change has been proposed to the Township’s Act 537 plan for land development plan LDS 692 - Christian Brothers Automotive, 565 DeKalb Pike.  The Montgomery Township Municipal Sewer Authority is responsible for the implementation of this plan and a planning module must be submitted to PA DEP.  The Montgomery Township Municipal Sewer Authority has approved the planning module and has requested approval of this document.  Resolution #4 made by Supervisor Michael J. Fox, seconded by Vice Chairman Robert J. Birch and adopted unanimously, approved the sewer planning module for Land Development Plan LDS 692 – Christian Brothers Automotive, 565 DeKalb Pike.

Director of Planning and Zoning Bruce Shoupe reported that as a condition of the Preliminary/Final Land Development approval of LDS 692 - Christian Brothers Automotive, the developer is required to construct subsurface piping within a portion of the Commonwealth of Pennsylvania’s highway public right-of-way (ROW) for DeKalb Pike.  The piping is for storm water management in connection with the development of the property.  Resolution #5 may by Chairman Candyce Fluehr Chimera, seconded by Supervisor Michael J. Fox and adopted unanimously, approved the Storm Water Management Facilities Indemnity Agreement for LDS 692 - Christian Brothers Automotive located at 565 DeKalb Pike.

A motion to approve the payment of bills was made by Chairman Candyce Fluehr Chimera, seconded by Supervisor Michael J. Fox, and adopted unanimously, approving the payment of bills as submitted.

Under other business, Vice Chairman Robert J. Birch reported that in speaking with many of the residents of the Neshaminy Falls development, it has become evident to him that due to the increase in Montgomery County taxes, many residents are struggling to pay their real estate taxes.  Mr. Birch suggested that the Board of Supervisors make a motion to consider increasing the amount of the homestead exemption by another $5,000 in the budget discussions for 2018.  Mr. Birch reported that he was told by the Township Real Estate Tax Collector that the approximate revenue loss to the Township could be about $50,000, but that in light of the large surplus the Township ended with in 2016, it is a miniscule amount compared to what can be given back to the residents.  Vice Chairman Robert J. Birch made a motion, seconded by Chairman Candyce Fluehr Chimera and adopted unanimously, that the Board consider increasing the homestead exemption by $5,000 in the 2018 budgetary process.

There being no further business to come before the Board, the meeting adjourned at 8:26 p.m.